If your intimate photos or videos are leaked online, it’s not just a violation, it’s a punishable crime. Know your legal rights under Indian law and take swift action to protect your privacy, dignity, and future.
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NEW DELHI: In the age of smartphones, cloud storage, and social media, privacy is more vulnerable than ever before. One of the gravest violations of personal dignity today is the unauthorized circulation of intimate or private photos and videos.
Whether circulated by a vengeful ex-partner, a hacker, or even an unknown person, such acts can cause immense emotional trauma, reputational damage, and psychological distress.
If you’re a victim of such a violation, it’s crucial to know: You are not helpless. You have strong legal rights and remedies available under Indian law.
ALSO READ: Data Privacy Concerns in Dating Apps: Protecting Romance in the Digital Age
Leaking Private Content
Leaking private content involves sharing someone’s intimate photos or videos without their consent. This may include:
- Posting such content on social media or websites.
- Forwarding via messaging apps like WhatsApp or Telegram
- Using it for blackmail, threats or emotional abuse
- Circulating it to defame, harass or damage someone’s reputation
Such actions are illegal and attract strict punishment under various Indian Laws.
What to Do Immediately If Your Intimate Content Is Leaked
Try to remain calm. Emotional distress is valid, but you need clarity to take the next steps legally and digitally.
- Take screenshots of the content, the URL, any messages received, and the platform it was shared on. This documentation is essential for filing complaints and getting the content removed.
- Most social media platforms have a “Report” option for intimate image abuse (e.g., Facebook, Instagram, Twitter, YouTube). Use these mechanisms to flag the content for removal.
- File a Cybercrime Complaint:
- You can file a complaint online at the National Cybercrime Reporting Portal: www.cybercrime.gov.in
- You may also visit your nearest Cyber Cell or police station.
- Women and children can file complaints anonymously through the portal.
- Consult a Lawyer. A legal professional can help you file complaints, seek takedown notices, file defamation cases, and claim compensation for damages.
Anyone, not just the victim, can report the sharing of intimate or obscene images online. Such content can be flagged on the platform or reported to the police. India has a dedicated cybercrime helpline (1930) and an online portal (www.cybercrime.gov.in) for filing complaints under the “sexually explicit content” category.
Complainants can stay anonymous but must select their state for proper case assignment. They can upload evidence such as images, links, documents and add details like suspect information. Complaints can be filed from anywhere, regardless of where the crime occurred. Victims can also request removal or blocking of Non-Consensual Intimate Images (NCII) or deepfakes.
Legal Remedies Available in India
India has a range of laws that protect your right to privacy, dignity, and safety against such digital violations. Here are the most relevant laws:
Information Technology Act, 2000
Section 66E – Violation of Privacy
- Publishing or transmitting images of a person’s private area without consent is a punishable offense.
- Punishment: Up to 3 years imprisonment and/or fine up to Rs. 2 lakh.
Section 67 – Obscene Content
- Publishing or transmitting obscene material electronically.
- Punishment: 3 to 5 years imprisonment and fine up to Rs. 10 lakh (for repeat offenders).
Section 67A – Sexually Explicit Content
- Deals specifically with sexually explicit images or videos.
- Punishment: Up to 5 years for the first offense and 7 years for subsequent offenses and fine upto Rs. 10 lakh.
Section 67B – Child Pornography
- Possessing or transmitting any sexually explicit content involving a minor.
- Punishment: Up to 7 years imprisonment and fine and fine upto Rs. 10 lakh (for repeat offenders)
Section 72 – Breach of Confidentiality and Privacy
- Any person who gains unauthorized access to electronic records and discloses information.
- Punishment: Up to 2 years imprisonment or fine up to ₹1 lakh.
Indian Penal Code, 1860:
Section 354C – Voyeurism
- Watching or capturing a woman engaging in a private act without her consent.
- Punishment: 1 to 7 years imprisonment (depending on repeat offense).
Section 354D – Stalking
- Monitoring or following a person’s online activity without consent.
- Punishment: Upto 3 years for first offense; 5 years for repeat offense.
Section 499 & 500 – Defamation
- Publishing private images with the intent to harm someone’s reputation.
- Punishment: Up to 2 years imprisonment and/or fine.
Section 509 – Word, Gesture or Act Intended to Insult the Modesty of a Woman
- Applies to comments, gestures, or messages targeting women.
- Punishment: Up to 3 years imprisonment and/or fine.
Bharatiya Nyaya Sanhita, 2023
Section 77 – Voyeurism
- Punishes those who share intimate images without consent,
- Punishment: Three to seven years in prison.
Section 294 – Public exhibition of obscene material.
- Punishment: 2 to 5 years imprisonment and fine Rs. 5,000 to 10,000.
Section 336 – Forgery to damage reputation
- Punishment: Upto three years.
Section 351 – Criminal intimidation
- Covers threats of blackmail involving intimate content
- Punishment: Upto two years and a fine.
Section 356 – Criminal defamation
- Punishment: Upto two years.
Protection of Children from Sexual Offences (POCSO) Act, 2012
- If the victim is a minor (below 18 years), the POCSO Act applies.
- Creating, possessing, distributing, or browsing child pornography is an offense.
- Punishment: Ranges from 3 years to life imprisonment, depending on the offense.
Section 15 – Storage of pornographic material involving child
- Storage of obscene content involving children with motive to share or commercial advertisement, etc
- Punishment: 3 to 5 years and 5 to 7 years (for repeat offenders).
Right to Privacy – A Fundamental Right
In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court declared the Right to Privacy as a Fundamental Right under Article 21 of the Constitution.
Leaking private content without consent is a direct violation of this right and can be challenged constitutionally.
Indecent representation of Women Act, 1986
Section 4 & 6
- publication and circulation of images containing indecent representation of women.
- Punishment: 2 years imprisonment and Rs 2,000 fine; for subsequent offenders 6 months to 5 years and fine Rs. 10,000 to 1 lakh
Under the IT Rules, 2021, all social media platforms must have a grievance mechanism to report and block obscene, fake, or morphed content. If they fail to act, victims can seek a court-issued takedown order through the investigating officer, directing platforms and search engines like Google to remove or block access to specific URLs or images.
If a platform’s grievance officer doesn’t act within 30 days, the complainant can escalate the matter to the Grievance Appellate Committee under the Ministry of Electronics and IT (MeitY).
In 2023, the Delhi High Court directed major tech companies to expand their child porn detection tools to also track and block Non-Consensual Intimate Images (NCII).
However, the rise of Generative AI poses new challenges, morphed or AI-generated content may go undetected unless someone identifies and reports it manually.
Case Laws
The Avnish Bajaj case arose from the 2004 DPS MMS scandal, where an obscene video created by two minors was circulated and listed for sale on Baazee.com (now eBay India).
Although the minors were not prosecuted, Avnish Bajaj, the CEO of the platform, was charged under Section 67 of the IT Act, Section 292 IPC, and Section 85 of the IT Act, which deals with the liability of company officials.
In Criminal Appeal No. 1483 of 2009, the Supreme Court held that a company must be arraigned as an accused before its directors or officers can be held vicariously liable.
Since Baazee.com was not made an accused, the Court ruled that
“Bajaj could not be prosecuted in his individual capacity, thereby reinforcing that vicarious criminal liability under the IT Act requires the company’s prosecution as a precondition, unless legally barred.”
Case Title: AVNISH BAJAJ VERSUS STATE
READ ORDER HERE
It was clubbed with the landmark judgment in Aneeta Hada v. Godfather Travels & Tours Pvt. Ltd. (2008) 13 SCC 703, and the judgment was delivered by a three-judge bench of the Supreme Court, led by Justice Dipak Misra.
In this case, the Supreme Court dealt with the important question of vicarious liability of directors under Section 85 of the IT Act, 2000, and held that a company must be made an accused before its directors can be held criminally liable, unless legally impossible.
Case Title: Aneeta Hada v. Godfather Travels & Tours Pvt. Ltd. (2008) 13 SCC 703
Read JUDGMENT HERE
In the Avnish Bajaj case, arising from the infamous DPS MMS scandal where two minors created and circulated a pornographic video that was later listed on Baazee.com (now eBay India), the Supreme Court held that prosecution of a company is a prerequisite (sine qua non) before its directors or officers can be held liable under Section 85 of the Information Technology Act, 2000.
Since Baazee.com was not made an accused, the Court ruled that Avnish Bajaj, as CEO, could not be prosecuted in his personal capacity alone unless specific individual culpability was established.
This judgment reaffirmed the principle that vicarious criminal liability under the IT Act cannot be imposed on individuals without the company being arraigned as an accused, unless prevented by a legal bar.
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